Amabile v. City of Buffalo

Full title: ESTELLE AMABILE et al., Respondents, v. CITY OF BUFFALO, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 10, 1998

251 A.D.2d 967 (N.Y. App. Div. 1998)

673 N.Y.S.2d 345

Opinion

June 10, 1998

Appeal from the Supreme Court, Erie County, Cosgrove, J. — Summary Judgment,

Present — Green, J.P., Pine, Hayes, Callahan and Fallon, JJ.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the motion of defendant, City of Buffalo (City), for summary judgment dismissing the complaint. Plaintiffs presented no proof that the City had prior written notice of the allegedly defective sidewalk where plaintiff Estelle Amabile fell, as required by section 362 of the City Charter ( see generally, Poirier v. City of Schenectady, 85 N.Y.2d 310, 3 13-314), Plaintiffs' contention that constructive notice may serve as a substitute for prior written notice lacks merit ( see, Deans v. City of Buffalo, 181 A.D.2d 1015).